JUDGMENT OF THE COURT
The appellant was arraigned before the magistrate’s court and charged with the offence of robbery with violence contrary to Section 296 (2) of the Penal Code. The particulars are that on the 2nd day of December 2010 at about 9.00 pm at Kureko village Nabongo Location in Mumias District within Kakamega County, jointly with another not before court while armed with dangerous weapons namely a panga and a club he robbed Naftali Wesonga Namamba off a Motor Cycle Registration No. KMCK 586M make TVS star black purple in colour Engine No. AF5CA1925700 chassis No. MD625KF5941C09138, one mobile phone make Nokia 110 and cash Ksh. 750 all valued at Ksh. 87,150/= and at the time of such robbery used actual violence to the said Naftali Wesonga Namamba.
The complainant PW1, Nafatali Wesonga Namamba, testified as follows:
I am a boda boda operator. I do ride a motor bike. I do recall on 2nd
December 2010 around 9.00 pm I was at Shibale Mumias Road. I reached
Safi Guest House. I was r…